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Gillibrand’s Legislation To Ban Some Military Use Of A.I.

June 2, 2026

FROM US SENATOR KIRSTEN GILLIBRAND: Today, U.S. Senator Kirsten Gillibrand (D-NY), member of the Senate Armed Services Committee and the Senate Intelligence Committee, introduced new legislation that would set strict boundaries for the military’s use of artificial intelligence (AI). The Secure and Accountable Military AI Act would establish a comprehensive framework to govern the deployment, security, and operational use of AI by the U.S. Department of Defense (DoD), ensuring that human commanders remain in control of life-and-death decisions and banning AI’s use entirely in certain critical contexts. “The most critical decisions affecting our national security and the lives of our service members must always be made by human beings, not unaccountable machines,” said Senator Gillibrand. “Right now, the Pentagon is moving toward deploying incredibly powerful AI technology without commonsense guardrails in place, which could have catastrophic consequences that make all of us less safe. We must act now – not to stifle technological progress, but to establish clear rules of the road that keep humans in charge and keep AI’s use in warfare smart and safe.”

The Secure and Accountable Military AI Act would:

Limit AI Use For:
Nuclear Weapons: Establishes an absolute prohibition on using AI to select targets or execute the launch of nuclear weapons.
Domestic Surveillance: Prohibits using AI for person-based analysis or tracking of U.S. persons in the United States, with narrow exceptions for cybersecurity and force protection.
Autonomous Weapon Systems (AWS): Generally prohibits the development or employment of AWS, except for semi-autonomous systems, non-lethal systems, or operator-supervised systems used for “local defense” (e.g. intercepting incoming missiles).
Keep Humans Accountable For Decision-Making: Codifies a policy that AI may support analysis but cannot substitute for accountable human judgment in decisions involving the use of force, detention, or high-consequence actions.
Mandate High-Consequence AI Oversight: Requires senior-level written approval (undersecretary or vice chairman of the Joint Chiefs) before the operational deployment of “high-consequence” AI, including systems for lethal targeting support, cyber operations, and nuclear command and control.
Require Security Incident Reporting: Mandates that frontier AI contractors report security incidents (theft of model weights) to the DoD within 72 hours of discovery and/or report material vulnerabilities in the model or concerning behavior within 7 days of discovering the issue is material.

Senator Gillibrand has been an outspoken advocate for responsible AI use, both in military and non-military contexts. In March, Gillibrand pressed generative AI companies for answers regarding their engagements with DoD, the rules under which DoD can access and use their technology, and the internal controls that exist in the event their technology is misused by DoD. Additionally, Gillibrand has demanded a bipartisan investigation into the suspected U.S. strike on the Iranian girls’ school in February that killed more than 100 children, including whether AI played any role in selecting the target. Gillibrand is also leading the charge to roll back a Trump administration initiative that allows AI to deny seniors’ medical claims, and she cosponsors legislation to ban AI companion bots for children.

A section-by-section summary of the Secure and Accountable Military AI Act is here.

Full text of the Secure and Accountable Military AI Act is here.


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